I have an offer from a CA resident to buy my 7.5" 5.56 upper. It is the upper only, no revceiver. Are there any restricyions on me shipping the upper to CA?

Akers

07-16-2012, 12:13 PM

Shipping it, no...using it on a rifle with a buttstock without the proper authorization...yes.

Planning an SBR or Pistol?

rero360

07-16-2012, 12:17 PM

Provided that the buyer intends on using the upper on a pistol lower, no problems at all. SBRs (minus a select few who are more equal than everyone else) are forbidden in CA, however there is no problems with AR pistols.

I suppose if you want you can have the buyer make a statement that the upper is intended for a pistol only, however I can't imagine you being legally culpable one way or the other, but I'm no lawyer so take it for what its worth.

Dantedamean

07-16-2012, 12:26 PM

There's also a constructive possession for unregistered NFA weapons. If you or him own a lower, even if it has an upper on it, with the short barrel upper you can be guilty of constructive possession. Unless you have a tax stamp or are a class 3 FFL. The only way to avoid constructive possession, from what I've been told on these forums, is to have the upper on a pistol lower and registered as such.

Lagduf

07-16-2012, 12:38 PM

Yes It's legal to sell the upper to a CA resident. The buyer is responsible for following CA and Federal Law.

mag360

07-16-2012, 12:40 PM

That is not correct. I can build a lower from 80% and slap that 7.5" upper on no probs.

repubconserv

07-16-2012, 12:41 PM

There's also a constructive possession for unregistered NFA weapons. If you or him own a lower, even if it has an upper on it, with the short barrel upper you can be guilty of constructive possession. Unless you have a tax stamp or are a class 3 FFL. The only way to avoid constructive possession, from what I've been told on these forums, is to have the upper on a pistol lower and registered as such.

It does not need to be registered unless it is an SBS, SBR or AOW. Pistols do not need to be registered. You also do not need to have the upper attached to the lower, you just have to have a pistol lower in your possession

clutchy

07-16-2012, 12:41 PM

That is not correct. I can build a lower from 80% and slap that 7.5" upper on no probs.

well sure you can but then you'd be a felon if it has a stock on it...

also OP; it's not your responsibility to keep this guy in compliance with Federal and State laws. You aren't selling a firearm. You are merely in possession of an upper which is not a controlled item; (unless you try to export it.)

1911su16b870

07-16-2012, 12:45 PM

I have an offer from a CA resident to buy my 7.5" 5.56 upper. It is the upper only, no revceiver. Are there any restricyions on me shipping the upper to CA?

No CA restrictions on selling or sending him the upper only.

repubconserv

07-16-2012, 12:47 PM

well sure you can but then you'd be a felon if it has a stock on it...

also OP; it's not your responsibility to keep this guy in compliance with Federal and State laws. You aren't selling a firearm. You are merely in possession of an upper which is not a controlled item; (unless you try to export it.)

this, but OP, it would be nice if you made sure the buyer knows the laws... just as a service to the gun community

clutchy

07-16-2012, 12:57 PM

this, but OP, it would be nice if you made sure the buyer knows the laws... just as a service to the gun community

excellent point. Lets make sure and watch out for eachother. service.

DWood

07-16-2012, 1:06 PM

this, but OP, it would be nice if you made sure the buyer knows the laws... just as a service to the gun community

Thanks for all the prompt replies. I don't want to be a "but not to CA seller" and I appreciate the input. I think I am safe shipping this based on what I have read and your answers.

I plan to have him sign a statement something like this:

"I am aware that this is a 7.5" barreled upper and all NFA rules apply. I understand all local, state, and federal laws as they relate to using this upper on a BATFE registered SBR lower receiver or on an AR pistol. I attest that this upper is legal for me to purchase and possess in my state of residence."

Any suggested additions or deletions?

Thanks again, from Florida.

Connor P Price

07-16-2012, 1:21 PM

Thanks for all the prompt replies. I don't want to be a "but not to CA seller" and I appreciate the input. I think I am safe shipping this based on what I have read and your answers.

I plan to have him sign a statement something like this:

"I am aware that this is a 7.5" barreled upper and all NFA rules apply. I understand all local, state, and federal laws as they relate to using this upper on a BATFE registered SBR lower receiver or on an AR pistol. I attest that this upper is legal for me to purchase and possess in my state of residence."

Any suggested additions or deletions?

Thanks again, from Florida.

No suggestions, it appears you're doing a good job covering yourself by asking the necessary questions and educating yourself on relevant laws. I just wanted to thank you for taking the time to be a responsible seller who's willing to sell to Californian buyers. We need more good people like yourself all around this country.

Dantedamean

07-16-2012, 1:25 PM

Thanks for all the prompt replies. I don't want to be a "but not to CA seller" and I appreciate the input. I think I am safe shipping this based on what I have read and your answers.

I plan to have him sign a statement something like this:

"I am aware that this is a 7.5" barreled upper and all NFA rules apply. I understand all local, state, and federal laws as they relate to using this upper on a BATFE registered SBR lower receiver or on an AR pistol. I attest that this upper is legal for me to purchase and possess in my state of residence."

Any suggested additions or deletions?

Thanks again, from Florida.

Ya thanks for not giving up on California.
What's your site? You should post a link.

repubconserv

07-16-2012, 2:11 PM

Thanks for all the prompt replies. I don't want to be a "but not to CA seller" and I appreciate the input. I think I am safe shipping this based on what I have read and your answers.

I plan to have him sign a statement something like this:

"I am aware that this is a 7.5" barreled upper and all NFA rules apply. I understand all local, state, and federal laws as they relate to using this upper on a BATFE registered SBR lower receiver or on an AR pistol. I attest that this upper is legal for me to purchase and possess in my state of residence."

Any suggested additions or deletions?

Thanks again, from Florida.

It sounds great, thank you very much. If he has any questions about CA law, please send him here.

dantodd

07-16-2012, 3:15 PM

It's nots complicated as people are making it out to be.

If you do not have a legal outlet for the upper and you own a rifle lower you fall under constructive possession and possession of the upper would be a crime. If you own a lower that is, or can be made in to, a pistol you can possess the upper.

There is no problem sending the part (I.e. upper) without any sort of paperwork or reporting requirements. you are not liable if the recipient does something stupid. It would be a general kindness if you tell them there are potential constructive possession issues but I would avoid telling him exactly what he needs to do as that may end badly if he misunderstands what you are saying.

John Browning

07-16-2012, 3:21 PM

It's nots complicated as people are making it out to be.

If you do not have a legal outlet for the upper and you own a rifle lower you fall under constructive possession and possession of the upper would be a crime. If you own a lower that is, or can be made in to, a pistol you can possess the upper.

There is no problem sending the part (I.e. upper) without any sort of paperwork or reporting requirements. you are not liable if the recipient does something stupid. It would be a general kindness if you tell them there are potential constructive possession issues but I would avoid telling him exactly what he needs to do as that may end badly if he misunderstands what you are saying.

Not only can you possess that upper, you can have a thousand pistol uppers as long as you have one pistol (or SBR/machinegun in free states).

dantodd

07-16-2012, 3:44 PM

Not only can you possess that upper, you can have a thousand pistol uppers as long as you have one pistol (or SBR/machinegun in free states).